HomeMy WebLinkAboutItem 06.dLarcevitte
November 15, 2012
ALCOHOL LICENSE VIOLATION
Proposed Action
Item No.
Staff recommends adoption of the following motion: Approve a Stipulation of Facts and Civil
Sanction with Rudy s Redeye Grill for an alcohol license violation
Passage of this motion accepts the presumptive penalty pursuant to Lakeville City Code and
waives the license holder's right to a public hearing.
Overview
Rudy's Redeye Grill was notified, in writing, of the alleged alcohol license violation that
occurred on September 6, 2012. In order to avoid a public evidentiary hearing before the City
Council, the license holder may enter into a Stipulation of Facts and Civil Sanction. The
license holder submitted a signed Stipulation of Facts and paid the $500 civil sanction.
Primary issues to Consider
Is the presumptive penalty reasonable?
The license holder participated in the City's best practices program. Therefore, as provided in Title
3, Chapter 1, of the City Code, the presumed penalty is less than the penalty for a non -best
practices establishment.
Supporting Information
• Signed Stipulation of Facts and Civil Sanction
I (&44�00)
Charlene Friedges, City` Jerk
Financial Impact: $ Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
In Re:
City of Lakeville
Liquor Licensing Complaint Against
Rudy's Redeye Grill
20800 Kenrick Avenue, Lakeville, MN 55044
STIPULATION OF FACTS
AND CIVIL SANCTION
The City of Lakeville, through its undersigned attorney, and Rudy's Redeye Grill, through
its undersigned authorized officer, hereby agree and stipulate as follows:
Rudy's Redeye Grill is licensed under Lakeville City Code 3 -1, to operate an on -sale
intoxicating liquor establishment at 20800 Kenrick Avenue, in the City of Lakeville.
2. On September 6, 2012 Mary Ann Aldrich, an employee at Rudy's Redeye Grill, did
sell alcohol to an underage person on the licensed premises in violation of Lakeville City Code
Section 3- 1- 12 -1(A).
Copies of the Lakeville Police Department reports regarding this incident are
incorporated into this Stipulation by reference.
4. This constitutes Rudy's Redeye Grill's first appearance before the City Council
pursuant to Lakeville City Code Section 3- 1 -14 -4.
5. Rudy's Redeye Grill will pay a civil sanction of $500.00 to the Lakeville City Clerk
by November 9, 2012.
6. Rudy's Redeye Grill waives its right to the hearing provided by Minnesota Statute
§340A.415 and Lakeville City Code Section 3- 1 -14 -3.
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The civil sanction set forth in Section 5 is contingent upon the Lakeville City
Council's approval. If the City Council rejects the sanction agreed to in this Stipulation in favor of
a more severe sanction, Rudy's Redeye Grill has the absolute right to withdraw its waiver of
hearing and to have a hearing before the City Council.
Dated: 1 0 . 5 , 2012.
CAMPBELL KNUTSON
Professional Association
By-
Elliott B. sch, 9168130
Lakevill b City Attorney
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651- 452 -5000
Dated: 1 0 � 1 - 9 2012.
RUDY'S REDEYE GRILL
By:
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Title: L4-w- V
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